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Regulations
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16. (1) The Governor in Council may make
regulations respecting
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(a) the preservation, control and
management of parks;
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(b) the protection of flora, soil, waters,
fossils, natural features, air quality, and
cultural, historical and archaeological
resources;
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(c) the protection of fauna, the taking of
specimens of fauna for scientific or
propagation purposes, and the destruction
or removal of dangerous or superabundant
fauna;
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(d) the management and regulation of
fishing;
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(e) the prevention and remedying of any
obstruction or pollution of waterways;
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(f) the prevention and extinguishment of
fire on park lands or threatening park lands,
and requiring persons residing or being in
the vicinity of such a fire to report it or to
assist in its extinguishment;
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(g) the issuance, amendment and
termination of leases, licences of
occupation and easements or servitudes,
and the acceptance of the surrender or
resiliation of leases and the relinquishment
of licences of occupation and easements or
servitudes, of or over public lands
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(i) in towns and visitor centres, for the
purposes of residence, schools, churches,
hospitals, trade, tourism and places of
recreation or entertainment,
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(ii) in resort subdivisions, for the purpose
of residence,
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(iii) outside towns, visitor centres and
resort subdivisions, for the purposes of
schools, churches, hospitals, service
stations, tourism and places for the
accommodation, recreation or
entertainment of visitors to parks, and
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(iv) in the town of Banff, for the purpose
of the exercise by a local government
body of functions entrusted to it under
section 36;
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(h) the restriction or prohibition of activities
and the control of the use of park resources
and facilities;
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(i) the establishment, operation,
maintenance and administration of works
and services of a public character, such as
water, sewage, electricity, telephone, gas,
fire protection, garbage removal and
disposal and cemeteries, including the
designation, granting and maintenance of
plots in cemeteries, and respecting the use
of those works and services;
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(j) the establishment, maintenance,
administration and use of roads, streets,
highways, parking areas, sidewalks,
streetworks, trails, wharves, docks, bridges
and other improvements, and the
circumstances under which they must be
open or may be closed to public traffic or
use;
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(k) the control of traffic on roads, streets and
highways and elsewhere in parks, including
the regulation of the speed, operation and
parking of vehicles;
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(l) the surveying of public lands, the making
of plans of surveyed lands, the delimitation
in such plans of the boundaries of towns,
visitor centres, resort subdivisions and
cemeteries, the designation of surveyed
lands as towns, visitor centres, resort
subdivisions or cemeteries and the
subdividing of lands so designated;
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(m) the control of the location, standards,
design, materials, construction,
maintenance, removal and demolition of
buildings, structures, facilities, signs and
other improvements and the establishment
of zones governing uses of land and
buildings;
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(n) the control of businesses, trades,
occupations, amusements, sports and other
activities or undertakings including the
places where they may be carried on;
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(o) the preservation of public health and the
prevention of disease;
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(p) the inspection of buildings, structures,
facilities and other improvements for the
purpose of the enforcement of regulations
made under paragraphs (m), (n) and (o);
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(q) the abatement and prevention of
nuisances;
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(r) the determination of fees, rates, rents
and other charges for the use of park
resources and facilities, the provision of
works and services referred to in paragraph
(i) and improvements referred to in
paragraph (j), and the issuance and
amendment of permits, licences and other
authorizing instruments pursuant to
subsection (3);
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(s) public safety, including the control of
firearms;
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(t) the use, transportation and temporary
storage of pesticides and other toxic
substances;
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(u) the control of domestic animals,
including the impounding or destruction of
such animals found at large;
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(v) the acquisition or disposition of
prehistoric and historic objects and
reproductions of them and the sale of
souvenirs, consumer articles and
publications;
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(w) the authorization of the use of park
lands, and the use or removal of flora and
other natural objects, by aboriginal people
for traditional spiritual and ceremonial
purposes;
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(x) the control of access to parks by air;
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(y) maximum amounts of fines in respect of
contraventions of provisions of the
regulations or of permits, licences or other
authorizing instruments issued pursuant to
the regulations, for the purposes of
subsection 25(2); and
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(z) the summary removal from a park, by
park wardens or enforcement officers, of
persons found contravening specified
provisions of this Act, the regulations or the
Criminal Code, and the exclusion from a
park for prescribed periods of those persons
or persons convicted of offences under
those provisions.
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Roads and
other
improve-
ments
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(2) The establishment or use of any
improvement referred to in paragraph (1)(j)
does not operate to withdraw lands from a
park.
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Powers of
superinten-
dents
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(3) Regulations made under this section
may authorize the superintendent of a park, in
the circumstances and subject to the
conditions that may be specified in the
regulations,
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(a) to vary any requirement of the
regulations for purposes of public safety or
the conservation of natural resources in the
park;
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(b) to issue, amend, suspend and revoke
permits, licences and other authorizations
in relation to any matter that is the subject
of regulations and to set their terms and
conditions; and
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(c) to order the taking of any action to
counter any threat to public health or to
remedy the consequences of any breach of
the regulations in the park.
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Taxes on
residents and
land
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17. (1) The Governor in Council may make
regulations
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(a) levying taxes on residents of a park, or
on rights or interests in land in a park, to be
applied to the cost of health and welfare or
hospital services supplied to residents of the
park;
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(b) levying taxes on rights or interests in
land in a park, to be applied to the cost of the
establishment, maintenance, operation and
administration of works and services
referred to in paragraph 16(1)(i), to be
levied with respect to
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(i) all lands in the park, other than land in
a park community,
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(ii) lands in areas of the park specified by
the regulations, or
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(iii) lands benefited by those works or
services; and
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(c) respecting the sale or forfeiture of lands
and rights or interests in lands for
non-payment of taxes.
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Property taxes
in park
communities
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(2) The Governor in Council may make
regulations respecting a tax on land to be paid
by owners of land in park communities,
including buildings, structures, improvements
and other fixtures, and holders of leases and
licences of occupation of such lands, to be
applied to the establishment, maintenance,
operation and administration of community
facilities and services, including public works
and recreational, health, hospital and
emergency facilities and services.
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Provisions in
regulations
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(3) Regulations made under subsection (2)
may
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(a) establish classes of land, including
buildings, structures, improvements and
other fixtures;
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(b) prescribe the manner of assessing the
value of any class of land;
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(c) determine the rate to be applied to the
assessed value of any class of land in any
park, or prescribe the manner of
determining that rate;
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(d) exempt certain land from taxation in
whole or in part;
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(e) provide for local improvement taxes
applicable to land that benefits from
specified improvements; and
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(f) make provision for the collection and
administration of taxes, including interest
on unpaid taxes, and the imposition of
penalties for non-payment of taxes,
including the forfeiture of lands, leases and
licences of occupation.
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Recovery of
tax
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(4) A tax imposed under this section
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(a) is a debt due to Her Majesty in right of
Canada, owed by the person by whom the
tax is payable and by any other person to
whom the land is transferred or the lease or
licence of occupation is assigned; and
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(b) in the case of a tax payable by the owner,
constitutes a charge against the land.
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Resource
harvesting in
certain parks
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18. (1) The Governor in Council may make
regulations respecting the exercise of
traditional renewable resource harvesting
activities in
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(a) Wood Buffalo National Park;
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(b) Wapusk National Park;
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(c) Gros Morne National Park;
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(d) any park established in the District of
Thunder Bay in the Province of Ontario;
and
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(e) any park established in an area where the
continuation of such activities is provided
for by an agreement between the
Government of Canada and the government
of a province respecting the establishment
of the park.
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Land claims
agreements
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(2) Where an agreement for the settlement
of an aboriginal land claim that is given effect
by an Act of Parliament makes provision for
traditional renewable resource harvesting
activities or the removal of stone for carving
purposes within any area, the Governor in
Council may make regulations respecting the
carrying on of those activities or the removal
of stone for those purposes in a park that is
established in that area.
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Regulations
respecting
resource
harvesting
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(3) Regulations made under subsection (1)
or (2) may
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(a) specify what are traditional renewable
resource harvesting activities;
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(b) designate classes of persons authorized
to engage in those activities and prescribe
the conditions under which they may
engage in them;
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(c) prohibit the use of renewable resources
harvested in parks for other than traditional
purposes;
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(d) control traditional renewable resource
harvesting activities;
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(e) authorize the removal and disposal of
any equipment or harvested resources left
in a park in contravention of the regulations,
and provide for the recovery of expenses
incurred in their removal and disposal; and
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(f) notwithstanding anything in this
subsection, authorize the superintendent of
a park
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(i) to close areas of the park to traditional
renewable resource harvesting activities
for purposes of park management, public
safety or the conservation of natural
resources,
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(ii) to establish limits on the renewable
resources that may be harvested in any
period, or to vary any such limits
established by the regulations, for
purposes of conservation, and
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(iii) to prohibit or restrict the use of
equipment in the park for the purpose of
protecting natural resources.
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Removal of
carving stone
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(4) In regulations made under subsection
(2), subsection (3) may be applied to the
removal of stone for carving purposes.
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Variations by
superinten-
dent
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(5) Regulations made under this section
may authorize the superintendent of a park, in
the circumstances described and to the extent
provided in the regulations, to vary any
requirement of the regulations for purposes of
public safety or the conservation of natural
resources in the park.
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Designation
of park
wardens
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19. The Minister may designate persons
appointed under the Public Service
Employment Act, whose duties include the
enforcement of this Act, to be park wardens
for the enforcement of this Act and the
regulations in any part of Canada and for the
preservation and maintenance of the public
peace in parks, and for those purposes park
wardens are peace officers within the meaning
of the Criminal Code.
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Designation
of
enforcement
officers
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20. The Minister may designate persons or
classes of persons employed in the public
service of Canada or by a provincial,
municipal or local authority, whose duties
include law enforcement, to be enforcement
officers for the purpose of the enforcement of
specified provisions of this Act or the
regulations in relation to specified parks, and
for that purpose enforcement officers have the
powers and are entitled to the protection
provided by law to peace officers within the
meaning of the Criminal Code.
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Certificate of
designation
and oath
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21. (1) Every park warden and enforcement
officer shall be provided with a certificate of
designation in a form approved by the
Minister and shall take and subscribe an oath
prescribed by the Minister.
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Limitation of
powers
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(2) A certificate of designation provided to
an enforcement officer shall specify the
provisions of this Act or the regulations that
the enforcement officer has the power to
enforce and the parks in which that power
applies.
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Crossing
private
property
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(3) In the discharge of their duties, park
wardens, enforcement officers and persons
accompanying them may enter on and pass
through or over private property.
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Arrest by
warden or
officer
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22. (1) A park warden or enforcement
officer may, in accordance with and subject to
the Criminal Code, arrest without warrant
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(a) any person whom the warden or officer
finds committing an offence under this Act;
or
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(b) any person who, on reasonable grounds,
the warden or officer believes has
committed or is about to commit an offence
under section 27.
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Arrest by
warden
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(2) A park warden may, in accordance with
and subject to the Criminal Code, arrest
without warrant any person whom the warden
finds committing an offence under any other
Act in a park.
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Search and
seizure
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23. (1) A park warden or enforcement
officer may
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(a) enter and search any place and open and
examine any package or receptacle in
accordance with a warrant issued under
subsection (2) at any time during the day or,
if so specified in the warrant, during the
night; and
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(b) seize any thing that the warden or officer
believes on reasonable grounds is a thing
described in subsection (2).
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Authority to
issue warrant
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(2) If a justice of the peace, on ex parte
application, is satisfied by information on oath
that there are reasonable grounds to believe
that there is in any place, including any
building or any vehicle, vessel or other
conveyance, or in any package or receptacle,
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(a) any thing in relation to which there are
reasonable grounds to believe an offence
under this Act or the regulations has been
committed, or
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(b) any thing that there are reasonable
grounds to believe will afford evidence with
respect to the commission of such an
offence,
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the justice of the peace may issue a warrant
authorizing a park warden or enforcement
officer named in the warrant to enter and
search the place or to open and examine the
package or receptacle, subject to any
conditions specified in the warrant.
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